safety deposit dispute

[Jeff Z.]

Hello guys, 

I have a property in Georgia, Gwinnett County. I rented to this family for 2 years. The lease ended June 30. When the lease started 2 years ago, the house was not in the most ideal condition. The carpets were not clean, there are some repairs needed, but mostly cosmetic. This tenant agreed to do the fixes / clean-up themselves. I rented to them at a lower than market price if the property were in clean and repaired condition. I think it’s fair to say the market would be 1400-1450. I rented at 1200. In the lease, I listed out certain fixes they would do, including that they would paint the wall to neutral color. I had expected when they move out, the house would be in clean and repaired condition, and ready for the next tenant. This is stipulated in the lease.

They painted some shiny yellow color in the living room, and strong blue color in bedrooms. Some fixes they did, but not the right way. They left a trash can full of trash. Larvae started to crawl on the floor. I had to repaint the whole house, re-do some fixes, and of course clean the trash can. Their safety deposit was only 700. I told them I would return only 200. Now they are threatening to sue me in the court.

Another twist, at the end of the lease, I asked them if they would renew the lease for 1375. They apparently didn’t want to, but agreed after some negotiation. This happened about a month and half before the lease end. I sent over the lease for them to sign. Never got back to me. Then just a week before the lease end, they said they found another house, and would not renew. I told them they had agreed to renew, so we had had an agreement. Now they wanted to back out, that’s an early termination. They didn’t care. I did not pursue. The person (the housewife) who engaged me in the negotiation does not really speak English. The whole renewal negotiation and quarrel was in text messages.

Sorry for the long story. My questions are: (1) if we really go to court, how strong a case I have; (2) what’s the possibility that I’d be ordered by the court to pay the tenant’s lawyer fee (they apparently have a lawyer friend); (3) can I “counterclaim” that they had factually renewed the lease, even though there wasn’t a signed new lease, and the early termination term in the lease should apply? How do I do the counterclaim?

Thanks!!

[Anthony Wick]

So, you're quarreling over $500 of deposit? You've done many things wrong here. I would chalk up the $500 as lesson learned, give them back their deposit, save for the things that were actually broken by them. Then, tighten up your operations. And, as always, nothing is a done deal unless it is in writing.